Premises liability claims are among the most challenging personal injury cases to win in South Carolina. Proving a property owner’s negligence is challenging, especially if there are conflicting accounts of the accident. You might also have trouble proving your losses or that you had the right to be on the grounds when the accident happened. Furthermore, insurance companies have access to legal resources that most individuals cannot match on their own.
At Jebaily Law Firm, our experienced attorneys know
Common Obstacles That Make Premises Liability Cases Harder to Win
Some factors that make South Carolina premises liability claims harder to win include:
- Lack of Evidence – Proving what happened becomes much more difficult if you do not have photos, video, or witness statements to support your claim.
- Disputes About Notice – The property owner owes a duty of care to guests and visitors, which includes removing dangerous conditions. Property owners may argue they did not know about the dangerous condition or did not have enough time to fix it. Demonstrating that the owner knew or reasonably should have known about the hazard that caused your injuries is a significant challenge.
- Pre-Existing Conditions – Insurance companies may argue that your injuries came from health issues you already had instead of an accident on someone else’s property.
- Vague Safety Standards – In some cases, the law does not clearly spell out what the property owner should have done, which creates room for disagreements that can make your case more expensive and take longer.
- Strong Defense Teams – Businesses and insurers often have teams of lawyers to fight these claims and weaken your case.
- Inconsistent Statements – If your account of what happened changes or conflicts with other evidence, the defense can use those discrepancies against you.
Tips for Documenting Injuries and Property Conditions for Your Case
Given the central role of evidence in premises liability cases, anything you can do to document your injuries and the hazard that caused an accident can make a big difference. Here are a few tips for collecting this evidence:
- Take clear photos or video of the dangerous condition from different angles before the property owner fixes it or removes any evidence.
- Write down details about the incident right away, including the time, date, location, and what you were doing when it happened.
- Save your medical records, bills, and discharge instructions to show the treatment you’ve received and what the accident has cost you.
- Keep a journal of your symptoms, pain levels, and how your injuries affect your daily life. You can use this evidence to seek compensation for your pain and suffering, emotional distress, and other intangible harm from the accident.
- Ask any eyewitnesses for their names and contact information so you can ask them to give statements later.
- Hold onto physical evidence that might support your claim, such as torn clothing or damaged personal items.
An experienced attorney who knows how to win a premises liability case understands the importance of collecting evidence as soon as possible before it disappears. You can assist in the process by documenting as much of your injury and the dangerous property conditions to the best of your ability.
How Evidence and Witnesses Can Make or Break Your Premises Liability Case in SC
Strong evidence and reliable witnesses are central in South Carolina premises liability cases, especially those involving slip and fall accidents. Photos or videos of the hazard can show exactly what caused the accident and help confirm how long the dangerous condition existed. Similarly, your medical records can link your injuries directly to the incident and document the treatment you’ve received.
Witnesses who saw the accident or the unsafe condition can support your version of events and provide details you might not remember. Their testimony can also counter claims from the property owner or insurer. Without this proof, your case rests on your word alone, which often gives the defense an advantage. Your premises liability attorney can collect surveillance footage, witness accounts, expert testimony, and other evidence to support your claim that the property owners failed to remove hazards.
Typical Defenses Property Owners Use Against Premises Liability Claims
To avoid being held liable, property owners in South Carolina may argue they did not know about a hazard that caused an accident or did not have enough time to correct it. Alternatively, some owners claim the danger was open and obvious, so you should have avoided it. Others might argue you acted carelessly, which shifts part of the blame to you under comparative negligence rules. An experienced personal injury lawyer can find strategies to circumvent these defenses.
Common Mistakes to Avoid When Filing a Premises Liability Lawsuit in South Carolina
Proactive steps can give you an early advantage in your premises liability case, but you must also avoid errors that could undermine your claim. Some common mistakes to avoid include:
- Waiting too long to seek medical care allows the defense to argue that your injuries were not serious or not related to the accident.
- Failing to report the incident to the property owner or manager makes it easier for them to deny that it happened.
- Posting about the accident or your injuries on social media, which the defense can use against you.
- Ignoring deadlines, since South Carolina law sets strict time limits for filing a claim. In most cases, you must file a premises liability lawsuit within three years of an accident.
- Losing or discarding critical evidence, such as photos, clothing, or medical records.
- Giving recorded statements to insurance companies without legal guidance, as you might say something that harms your case.
How Comparative Negligence Could Affect Your South Carolina Premises Liability Case
Under South Carolina law, the state follows a comparative negligence rule in personal injury cases, which means sharing fault for an accident can reduce your compensation. If a court finds you partly responsible for your injuries, you can still recover compensation, but your award decreases by your percentage of fault. For example, if you were 20 percent at fault, you could only recover 80 percent of your losses. However, you can’t recover any compensation if your percentage of fault is more than 50 percent. This rule can significantly reduce your compensation, but an experienced lawyer can dispute any attempts to blame you for premises liability accidents.
Contact Our Experienced Premises Liability Attorney at Jebaily Law Firm Today
Jebaily Law Firm has fought for South Carolina’s injured for over 50 years and won many tough fights against negligent property owners. We’ll handle all the legal work and protect your rights so you can focus on healing. Call now or complete our contact form for a free consultation.
